Observing that the businessman has been switching his versions from time to time, the judges concluded “It also indicates that the respondent (businessman) has done this with the object of avoiding his liability to pay maintenance to the appellant –his minor son. It can also be gathered that the respondent has in fact made false statement on oath before the family court that he is earning a salary and that he is not a businessman, which is very serious”.

A divorced wife cannot be characterized as a wife living separately by mutual consent. A divorced wife is a person who lives separately from her former husband by virtue of a change in status consequent upon the dissolution of the marriage.

The court also took note of Section 21-B of the Act and said that “Section 21-B of the Hindu Marriage Act provides for an expeditious trial — to be concluded within a period of six months. However, the disposal of petitions before the trial courts takes many years.”